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HomeMy WebLinkAbout06-6157Jennifer L. Radle, Plaintiff vs. Steven A. Radle, Defendant N O T I C E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO . Q b - (p J S7 G ~ .,: I f crow IN DIVORCE T O D E F E N D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the )ffice of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, AWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, OU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO JOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE )FFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 1-800-990-9108 717-249-3166 Jennifer L. Radle, Plaintiff vs. Steven A. Radle, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO . 0 L - lot ~? ~t ~, I IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 jJennifer L. Radle, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY ~~, PENNSYLVANIA vs. CIVIL ACTION Steven A. Radle, NO. d(p- (~~~7 Defendant IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is Jennifer L. Radle, a citizen of Pennsylvania, residing at 931 S. 31st Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Steven A. Radle, a citizen of Pennsylvania, residing at 542 S. 15th Street, Harrisburg, Dauphin County Pennsylvania. Plaintiff and Defendant are sui~uris and have been bonafide esidents of the Commonwealth of Pennsylvania for at least six onths immediately preceding the filing of this Complaint. The parties are husband and wife and were lawfully married on ecember 19, 1998, in York County, Pennsylvania. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 nd its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 3. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for a Fault Divorce Under 3301(a)(6) of the Divorce Code The prior paragraphs of this Complaint are incorporated herein) reference thereto. 10. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 1. This action is not collusive. 2. Plaintiff has been advised of the availability of counseling nd that Plaintiff and Defendant have the right to request the Court o require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter Decree of Divorce, pursuant to 3301(a)(6) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code L3. The prior paragraphs of this Complaint are incorporated herein ~v reference thereto. L4. The marriage of the parties is irretrievably broken. 15. After ninety (90) days have elapsed from the date of the filing ~f this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such ~n affidavit. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT III Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code L7. The prior paragraphs of this Complaint are incorporated herein w reference thereto. 8. The marriage of the parties is irretrievably broken. 9. After a period of two (2) years has elapsed from the date of eparation, Plaintiff intends to file her affidavit of having lived eparate and apart. 0. Plaintiff has been advised of the availability of counseling nd that Plaintiff and Defendant have the right to request the Court o require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of eparation and Plaintiff ,has filed her affidavit, Plaintiff espectfully requests the Court to enter a Decree of Divorce, ursuant to 3301(d) of the Divorce Code. coUNT iv Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code ~1. The prior paragraphs of this Complaint are incorporated herein ~y reference thereto. 22. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 23. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502 (a) of the Divorce Code. COUNT VI Request for Counsel Fees, Costs and Expenses Under 3104, 3323, 3502(e) and 3702 of the Divorce Code 4. The prior paragraphs of this Complaint are incorporated herein v reference thereto. 25. Plaintiff has employed Mary A. Etter Dissinger, of the law firm of Dissinger and Dissinger to represent her in this matrimonial ause. 6. Plaintiff is unable to pay the necessary counsel fees, costs, nd expenses and Defendant is more than able to pay them. WHEREFORE, reserving the right to apply to the Court fog emporary counsel fees, costs and expenses, prior to final hearing, ?laintiff requests that, after final hearing, the Court order defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. COUNT VII Request for Confirmation of Custody Under 3104 of the Divorce Code 27. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 28. Plaintiff is Jennifer L. Radle, residing at 931 S. 31st Street, Camp Hill, Cumberland County, Pennsylvania. 29. Defendant is Steven A. Radle, residing at 542 S. 15th Street, Harrisburg, Dauphin County, Pennsylvania. 30. Plaintiff seeks custody of the following children: Present Residence Age Alexandria N. Radle 931 S. 31st Street, Camp Hill DOB 6/27/95 Jessica A. Radle 931 S. 31st Street, Camp Hill DOB 5/08/98 31. The children were born out of wedlock. 32. The children are presently in the custody of Plaintiff and Defendant who reside at 931 S. 31st Street, Camp Hill, Cumberland 'ICounty, Pennsylvania. 33. During the past five years, the children have resided with the following persons at the following addresses: Address Date ennif er Radle - 931 S. 31st Street, Camp Hill - 10/16/06-present Alexandria & Jessica Radle Steven Tyler Radle (Plaintiff's son) fennifer & Steven Radle - 931 S. 31st Street, Camp Hill - 2001- 10/16/06 Alexandria & Jessica Radle Steven Tyler Radle (Plaintiff's son) 34. The mother of the children is Plaintiff who currently resides ~t 931 S. 31st Street, Camp Hill, Cumberland County, Pennsylvania. 35. She is married to Defendant. 36. The father of the children is Defendant who currently resides at 542 S. 15th Street, Harrisburg, Dauphin County, Pennsylvania. 37. He is married to Plaintiff. 38. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the children. 39. The relationship of Defendant to the children is that of father. The Defendant currently resides with his parents. 40. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 41. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 42. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 43. The best interest and permanent welfare of the children will bE served by granting the relief requested because Plaintiff has always been the primary caregiver and is best suited emotionally to carE for the parties' special needs child, Jessica. 44. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named', below who are known to have or claim a right to custody or', 'visitation of the children will be given notice of the pendency of '';this action and the right to intervene: NONE. 45. Defendant shall have the right to reasonable and liberal isitation with the children. i I WHEREFORE, Plaintiff respectfully prays your Honorable Court to grant custody to Plaintiff and that Defendant be granted reasonable rights of visitation. Respectfully submitted, DISSINGER grid DISSINGER Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID #27736 28 North 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Jennifer L. Radle, verify that the statements made in the '',Divorce Complaint are true and correct. I understand that false ('statements herein are made subject to the penalties of 18 Pa. C.S. ~I~4904 relating to unsworn falsification. c e nife Radle, Plaintiff II I ~ n ~ ~ d ra ~C ~ ` -s ~ © p ~ ~) -rr r~ -- G ,.~ ~ ~ _: ~ ~G ~ ~ t ;~ -F- A- ~ A ~_ ~- ~ ~ ~ ` e n ~ ~ O h .~ -~- n c; ~ . II Jennifer L. Radle, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION Steven A. Radle, N0. 2006-06157 Defendant IN DIVORCE AFFIDAVIT OF MAILING OF PENNSYLVANIA ss .. OF CUMBERLAND Mary A. Etter Dissinger, attorney for Plaintiff, Jennifer L. adle, being duly sworn according to law, says that she mailed by nited States Certified Mail, Restricted Delivery, a true and orrect copy of the Complaint in Divorce in this action to the efendant at his residence, and that Defendant did receive same as videnced by the signed receipt dated October 25, 2006, attached ereto as Exhibit "A". _.. ~. ~ -~ Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID #27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 Sworn to and subscribed Before me this 31st Say of October, 2006. r---, ~~~~ Notary ublic NOTARYIL 8EM ANiIEflE PENN lloldq *-blic CIYYrIMI ~ORON01~ t~AY~A1~000tlfrltt M~- tromeM~NOn iii Jul 2Z, i00~ w p / ~ ~ 1' 2. ~ 3' ~ G. ~~~^tverY :~(6yAfgB py 7 ~' ~~Rta~~ ~ ~ a you... , ~' 4 ~ , ~~ ~'. ^ ~ we ~., cep b~ ~ the rry ~ ~;^~. ^ A~tt~u~! f,~ Perm' a~ N.~g, a d°N"°ry , ~; ..... 1. A-tkie ~ ., ., ~ , S~-.cuth ~ ~ .. ~ ~~t~ f Q~ ,~~ ~ ~ C IPr 1 ~1 I b'?`~ o ^ c.o. t_' . Yes ~(' f +S~r ~ r 4 d Ue ~ ?DD2 D86D DDD4 2518 _ .'~~, 2. s„vi~o. Ma.~ + Fle~P~ PS Form 3811, Hq~ ~ „ EXHIBIT A ~,, ,~ _~ ,~: - . -r: ~~ y~ ~ i ' ~ - -: t-; JENNIFER L. RADLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN A. RADLE DEFENDANT • 06-6157 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 25, 2006 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, December 08, 2006 at 12:30 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and. narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Gree Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at Least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH. BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 :,1; , ~ : 1 ~tisi`<~ 1, , r '~ ~l ' ~; ~,3 k~ (~ ~r uW'~ ~ ~ ~ G eA 1 f 1 Jennifer L. Radle, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION Steven A. Radle, NO. 2006-06157 Defendant IN DIVORCE CUSTODY AGREEI~~NT AND NOW, this day of 2006, the ?arties agree that legal custody of Alexandria N. Radle and Tessica A. Radle is to be shared by Mother and Father. 1. Mother shall have primary physical custody. 2. Father shall have rights of partial custody with Alexandria N. Radle (DOB 6/27/95), and Jessica A. Radle (DOB 5/08/98) as follows: A. During the school year months, Father shall enjoy partial physical custody from 4:OOpm until 8:OOpm every other Tuesday and Thursday, beginning the week of November 6, 2006, and every other weekend from 6:OOpm Friday until 6:OOpm Sunday beginning the weekend of November 10-12, 2006; B. During the summer months, Father shall enjoy partial physical custody every other weekend commencing the first weekend following the conclusion of the school semester from Friday at 6:OOpm until Sunday at 6:OOpm. Each parent will be entitled to one week of uninterrupted physical r • custody, as can be agreed upon between the parties, in each month of June, July and August. Each will provide in writing to the other his or I her desired week's visitation schedule, no less ~'; than thirty (30) days prior to the first day he or i she wishes to begin the week. In the event both I parties pick times that overlap, the party first giving notice shall exercise their week. 3. The parties will alternate the following major holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. This schedule will begin with Father having the children on Thanksgiving day in 2006. The hours of the holiday shall be from 6:OOpm the evening before the holiday to 6:OOpm the day of the holiday. 4. The Christmas holiday will be divided into two segments. In all even numbered years, Mother shall have Segment A which begins December 24th at Noon until noon on December 25th, and Father shall have Segment B which begins December 25th at noon through December 26th at noon. In. all odd numbered years, Father shall have Segment A and Mother shall have Segment B. 5. Father shall have physical custody on Father's Day and Mother shall have physical custody on Mother's Day. The holiday shall commence at B : OOam and conclude at 6 : OOpm the day of the holiday. 6. The holiday schedule and Father's Day and Mother's Day shall take precedence over the regular custody schedule set forth in paragraphs 2A and B above. 7. Mother and Father shall give each other at least twenty- four (24) hours notice, by telephone or otherwise, of any request of change in a prearranged and agreed to schedule of partial custody. 8. During any period of custody or visitation the parties to this order shall not possess or use tobacco products, controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house-guests comply with this prohibition. 9. Each party shall be entitled to reasonable telephone or e-mail contact with the children when they are in the custody of the other party. 10. Neither party shall relocate from a current address if such relocation will necessitate a change in the custody schedule set forth in this Order, or if the relocation will be to a location in excess of fifty (50) miles from the other party's then-current address without (a) such party's first giving prior written notice to the other party not :less than sixty ( 60 ) days prior to the planned relocation., and (b) either written consent of the party to such relocation or further Order of this Court. In the event of any intended relocation, either party may seek modification to the terms of this custody Order by filing a Petition to Modify Custody with the Prothonotary. 11. The parties shall refrain from making derogatory comments about the other party in the presence of the ', children a:nd to the extent possible shall prevent third parties from making such comments in the presence of the i children. V 12. It is understood and stipulated by the parties that upon mutual agreement an altered schedule may be agreed upon between the parties and that such mutual agreement may be in the best interests of the children. 13. Mother and Father agree that until there is an Order providing for some other custody arrangement for her son Steven T. Radle, Defendant shall be permitted to visit with Steven T. Radle, when the parties agree, on the same schedule as Jessica and Alexandra. 14. The parties agree this Agreement shall be made an Order of Court. Respectfully submitted, ri ~~, , ` ,-. _ i __ _"_ C;~ ~nnife Radle '~L~ . ,: ~ ~ ~/ Steven A. Radle Q ~~ '" . '' , bye z s zoos Tennifer L. Rad1e, Plaintiff vs. Steven A. Radle, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION N0. 2006-06157 IN DIVORCE ORDER AND NOW, this ~ day of '~~ 200 the attached Custody Agreement is he by entered as an Order of the ~ourt. J. o~' , i~ =i.1 /iL3Y~~~J ~ ~ ~ ~..~ x.11 l1 .~i~ .~N o a zoom JENNIFER L. RADLE, Plaintiff v. SEVEN A. RADLE, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2006-06157 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 27th day of December, 2006, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE COURT: Melissa Peel Greevy, Esquire Custody Conciliator :289084 '~ft~"d P+`11.~~.~? ~ G'~f~~ ~~ I .i Qp :~31 ~~ h- N~~' ~.iIOZ ~Q t~~"dl~~~ka 'Jennifer L. Radle, Plaintiff vs. Steven A. Radle, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. 2006-06157 IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under § 3301(c) of the Divorce Code vas filed on October 23, 2006 and served on October 25, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree in divorce without otice. I understand that I may lose rights concerning alimony, limony pendente lite, division of property or lawyer fees or xpenses if I do not claim them before a divorce is granted. 5. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. Plaintiff's and Defendant's Waiver of Notice in §3301(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject=to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. to • ~~ Cp "~y J nni r L. Radle, Plaintiff t'°~ ~ `-..- _ Wit ' °_ ~' _~ , r ~ _~~t% :~; n, :~ ~ '.~~ .:~ ,Jennifer L. Radle, I Plaintiff vs. (Steven A. Radle, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION N0. 2006-06157 IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF TFIE DIVORCE CODE ~1. A Complaint in divorce under § 3301(c) of the Divorce Code has filed on October 23, 2006 and served on October 25, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably roken and ninety (90) days have elapsed from the date of filing nd service of the Complaint. In. I consent to the entry of a final decree in divorce without otice. I understand that I may lose rights concerning alimony, limony pendente lice, division of property or lawyer fees or xpenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a Divorce ree is entered by the Court and that a copy of the Decree will sent to me immediately after it is filed with the Prothonotary. Plaintiff's and Defendant's Waiver of Notice in §3301(c) ivorce are being filed with the Prothonotary as a part of their =spective consent documents. I verify that the statements made in this affidavit are true nd correct. I understand that false statements herein are made ubject to the penalties of 18 Pa. C.S. §4904 relating to unsworn alsification to authorities. te: ~~/~~0 7 ^~ Steven A. Radle, Defendant -c~ ~= _ ~; ~ --r-; - ;: ; ~" .. -~ ~ .~ :- , r ~ w <~~s - . --~ E , , , .f=~.;, ` -. ~_ c.~ .~i :~ ~ Jennifer L. Radle, Plaintiff vs. Steven A. Radle, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION N0. 2006-06157 IN DIVORCE MARRIAGE SEPARATION AGREEMENT AGREEMENT made this ~ day of ~~r~^O`^~ 2007, by and between Steven A. Radle("Husband"), of Cumberland County, Pennsylvania and Jennifer L. Radle("Wife") of Cumberland County, Pennsylvania. WITNES3ETI3 s WHEREAS, the parties hereto are Husband and Wife, having been married on the 19th day of December in 1998. There were born three (3) children of this marriage, said children being: Alexandria N. Radle, (DOB 6/27/95), Jessica A. Radle (DOB 5108/98), and Steven T. Radle (DOB 2/09101). Steven is not the biological child of Husband. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and as a result they have lived separate and apart since October 16, 2006. A proceeding for the divorce of the parties has been filed by the Plaintiff in the Court of Common Pleas of Cumberland County on October 23, 2006 No.2006-6157. It is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal (property; the settling of all matters between them relating to the 'past, present and future support, alimony pendente 1ite, alimony and/or maintenance of Wife by Husband and of Husband by Wife; and possible claims by one against the other and against their respective estates. NOW THEREFORE, in consideration of the above recitals and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A SAR TO DIVORCE PROCEEDINGS Husband and Wife agree that Wife shall finalize a "No-Fault" divorce based upon irretrievable breakdown of their marriage, subsequent to the parties' ninety (90} days separation. Husband and Wife further agree to execute their respective Affidavits of Consent under Section 3301(c} of the Domestic Relations Code of Pennsylvania, and to execute any and all other documents necessary under existing Rules of Pennsylvania Civil Procedure and local Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, in order to allow Plaintiff to immediately file all such documents in the Court of Common Pleas of Cumberland County, Pennsylvania, upon the expiration of 90 days from service of the Complaint in Divorce. Husband and Wife agree one with the other that the execution of their respective Affidavits of Consent and their execution of any and all other documents made necessary to permit the entry of a final Decree in Divorce by the Court of Common Pleas of Cumberland County, Pennsylvania, shall occur no later than January 25, 2007. Neither Husband nor Wife shall either directly or indirectly permit the withdrawal of their respective Affidavits of Consent or any and all other documents -2- executed by Husband and Wife subsequent to the execution of the documents. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. INCORPORATION OF AGREEMENT IN DIVORCE DECREE The purposes of this Agreement are to effect a complete and final settlement, with reference to each party of: a. All of the respective property and property rights of the parties, and b. The obligation of each party for the support of each other, and the parties agree that the terms of this Agreement shall be incorporated but not merged into any final divorce decree which may be entered with respect to them. 4. AGREEMENT NOT TO BE MERGED This Agreement shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 5. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the -3- parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 7. FINANCIAL DISCLOSURE The parties have each waived the right to a financial disclosure of the other party, believing they are fully apprized of the financial condition of each other. 8. ADVICE OF COUNSEL The provisions of the Agreement and their legal effect have been fully explained to the parties by their respective counsel, Mary A. Etter Dissinger, Esquire, attorney for Wife, and Samuel Andes, Esquire, attorney for Husband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and the parties acknowledge that execution of this Agreement is not the result of any duress or undue influence and that it is ,not the result of any collusion or improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the -4- impact of the Pennsylvania Divorce Code of 1980, 23 P.S. Section 101 et. seq., whereby the Court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente 1ite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other Court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lice, equitable distribution of all marital property, counsel fees and costs of litigation, or any other rights arising from the parties' marriage. In addition, each party hereto acknowledges that, under the Pennsylvania Divorce Code of 1980, 23 P.S. Section 101 et. seg., the Court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, being fully advised of his or her rights thereunder, each party still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other Court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other rights arising from the parties' marriage. -5- 9. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of property in the possession of Husband shall be the sole and separate property of Husband, and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife, except to the extent specifically set forth otherwise in this Agreement. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of each other, except to the extent specifically set forth otherwise in this Agreement. The parties will specifically divide certain personal roperty as follows: a. Each waives any claim they may have to the pension, retirement andlor profit sharing plan or other retirement benefits of the other. L0. MOTOR VEHICLES With respect to the motor vehicle owned by the parties, they ~aree as follows a. The 1978 Chevy Van and the 2006 Pontiac Torent shall become the sole .and exclusive property of Husband, subject to the liens and encumbrances, and Husband agrees to hold Wife harmless on such liens and encumbrances. e title to the said motor vehicles shall be executed by the rties, if appropriate for effecting transfer as herein provided, the date of execution of this Agreement and said executed -6- titles shall be delivered to Husband on the distribution date. If the titles are not available, they shall be signed by Wife as soon as they are available, and Husband shall promptly transfer the titles to his sole name. For so long as Wife's name remains on the titles, Husband shall carry auto insurance as required by law and hold Wife harmless from any loss or damage to her as a result of his failure to do so. b. The 2003 Dodge Caravan shall become the sole and exclusive property of Wife, subject to its liens and encumbrances, and Wife agrees to hold Husband harmless on such liens and encumbrances. The title to the said motor vehicle shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and said executed title shall be delivered to Husband on the distribution date. If the title is not available, it shall be signed by Husband as soon as it is available, and Wife shall promptly transfer the title to his sole name. For so long as Husband's name remains on the title, ife shall carry auto insurance as required by law and hold Husband harmless from any loss or damage to him as a result of her failure to do so. 1. WAIVER OF ALIMONY The parties acknowledge that inflation may increase or ecrease, their respective incomes may change, that either may be mployed or unemployed at various times in the future, that their espective assets may substantially increase or decrease in value, nd that notwithstanding these or other economic circumstances, he parties acknowledge that they each have sufficient property nd resources to provide for her or his reasonable needs and that ach is able to support himself or herself without contribution rom the other. Therefore, the parties hereby expressly waive, ischarge and release any and all rights and claims which they may -7- have now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente Iite, support or maintenance and they acknowledge that this Agreement constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional spousal support from the other party. 12. TAX RETURNS AND AUDITS Husband and Wife represent that all federal, state and local tax returns required to be filed by Husband and Wife have been filed, and all federal, state and local taxes required to be paid ith respect to the periods covered by such returns are paid. usband and Wife further represent there are no tax deficiencies roposed or assessed against Husband and/or Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute of imitations on the assessment or collection of any tax for such eriods. 3. TAXES FOR YEAR OF DIVORCE Husband agrees to be liable and obligated and shall timely ay and hold Wife and her property harmless from any liability of usband for federal income tax (including penalties and interest) s shown on his separate United States individual income tax eturn for the tax year 2006. Wife agrees to be liable and obligated and shall timely pay end hold Husband and his property harmless from any liability of Vife for federal income tax (including penalties and interest) as shown on her separate United States individual income tax return Eor the tax year 2006. -8- 14. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate, and each party will give the other party immediate access to these records in the event of tax audits. 15. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 16. LEGAL FEES Each party will be responsible for their respective counsel fees and costs involved in securing a 90-day no-fault divorce to be instituted by Wife as Plaintiff. In the event, for whatever reason, either party fails or refuses to execute an affidavit evidencing their consent to the divorce, pursuant to X3301© of the Divorce Code, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent any breach of this greement by the proceeding party, there shall be no defense to such action asserted. 7. WARRANTY AS TO EXISTING OBLIGATION Each party represents that he or she has not heretofore ncurred or contracted any debt or liability or obligation for hick the estate of the other party may be responsible or liable xcept as may be provided in this Agreement. Each party agrees to ndemnify or hold the other party harmless from and against any -9- d all such debts, liabilities or obligations of every kind which y have heretofore been incurred by them including those for cessities except for the obligations arising out of this reement. 18. ~lARRANTY AS TO FUTURE OBLIGATIONS Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other's legal representatives, property or estate may be responsible. Each hereby agrees to indemnify, save and hold the other and his or her roperty harmless from any liability, loss, cost or expense hatsoever incurred in the event of breach hereof. L9. PROPERTY RELEASE It is the intention of Husband and Wife to give to each other ~y the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed which the other now owns or may zereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which nay arise under this Agreement or for the breach of any provision ~f this Agreement. All property hereunder is transferred subject to all existing encumbrances and liens thereon. The transferee of such property agrees to indemnify and save harmless the other warty from any claim or liability that such other party may suffer ~r may be required to pay on account of such encumbrances or liens. Such party will, at his or her sole expense, defend the ether against any such claim, whether or not well founded, and he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The insurance on the property being transferred hereunder is assigned to the party receiving such property, and the premiums on such insurance shall be paid by the party to whom the insurance is assigned. By this Agreement the -10- parties have intended to effect an equitable distribution of their assets. The parties have determined that the division of said property conforms to the criteria set forth in §3501 et. seq. of the Pennsylvania Divorce Code taking into consideration the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contributions or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the arital property, including the contribution of each spouse as omemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; nd the economic circumstances of each party at the time the ivision of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the ivision is being effected without the introduction of outside funds or other property not constituting a part of the matrimonial state. The division of property under this Agreement shall be in 'full satisfaction of all marital rights of the parties. 0. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, uitclaim and forever discharge the other and the estate of the ther, for all time to come, and for all purposes whatsoever, of nd from any and all rights, title and interest or claims in or gainst the property (including income and gain from property ereafter accruing) of the other or against the estate of such they, of whatever nature and wheresoever situate, which he or she ow has or at any time hereafter may have against such other, the -11- estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by law of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any other state, Commonwealth or territory of the United States, or any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable 3istribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising ~r which may arise under this Agreement or for the breach of any provision of this Agreement. 21. PERSONAL RIGHTS Wife and Husband may and shall at all times hereafter live separate and apart. Each shall be free from any control, restraint, interference or authority, whether direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may also reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, ~onduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Nife and Husband shall not molest, harass, or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her.~Each party hereto releases the other Erom all claims, liabilities, debts, obligations, actions and pauses of action of every kind that have been or will be incurred relating to or arising from the marriage between the parties, -12- except that neither party is relieved or discharged from any obligation under this Agreement. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 22. WAIVER OR MODIFICATION TO BE IN WRITING No modification, rescission, amendment or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Any oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. 123. MUTUAL COOPERATION Each party shall on demand execute and deliver to the other party any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that arty shall pay to the other, party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 4. LAW OF PENNSYLVANIA APPLICABLE This Agreement and all acts contemplated by it shall be onstrued and enforced in accordance with the laws of the ommonwealth of Pennsylvania. 25. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the oenefit of the parties hereto and their respective heirs, -13- executors, administrators, legal representatives, assigns and successors in any interest of the parties. 26. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations other than those expressly set forth herein. 27. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. 8. OTHER DOCUMENTATION Wife and Husband covenant and agree that they wi 11 forthwith, nd within ten (10) days after demand therefore, execute any and 11 written instruments, assignments, releases, satisfactions, eeds, notes or such other writings as may be necessary or esirable for the proper effectuation of this Agreement. 9. NO ~lAIVER OF DEFAULT This Agreement shall remain in full force and effect unless nd until terminated under and pursuant to the terms of this greement. The failure of 'either party to insist upon strict erformance of any of the provisions of this Agreement shall in no ~ay affect the right of such party hereafter to enforce the same, or shall the waiver of any breach of any provision hereof be onstrued as a waiver of any subsequent default of the same or imilar nature, nor shall it be constructed as a waiver of strict erformance of any obligations herein. -14- 0. SEVERABILITY The parties agree that each separate obligation contained in his Agreement shall be deemed to be a separate and independent ovenant and agreement. If any term, condition, clause or provision f this Agreement shall be determined or declared to be void, nenforceable or invalid in law or otherwise, then only that term, ondition, clause or provision shall be stricken from this greement and in all other respects this Agreement shall be valid nd continue in full force, effect and operation. Likewise, the ailure of any party to meet her or his obligations under any one r more of the paragraphs herein, with the exception of the atisfaction of the conditions precedent, shall in no way void or lter the remaining obligations of the parties. 1. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and ubparagraphs hereof are inserted solely for the convenience of eference and shall not constitute a part of this Agreement nor hall they affect its meaning, construction or effect. EXECUTED in triplicate on the day d year first above ~.~ itten. 1 nnife Radle, Plaintif Steven A. Radle, Defendant commonwealth of Pennsylvania /I ~(j s s ~ounty of ~C~n+~Y " ~~ Cam. . On this, the ~ day of cl~'~ 2007, before me the undersigned officer, personally appeared J~er L. Radle, known to me (or satisfactorily proven) to be the person whose name is subscribed to the Nithin instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have here unto set y hand and notar' 1 seal!. NOL4RiAlSEA1. Notary Publi~ MNVEIIE PERKiNi ~Y PuVIiC CANlttt~ONOUGi,C1~It/M~COIMY -15 - M~- CcmnMMion 6ipkat Jul xt. 4004 iCommonwealth of Pennsylva~n,,i/a '~ i~~~J~ t~~.+~~~./C~ ~ s s County of On this, the ~--' day of ~, 2007, before me the undersigned '',officer, personally appeared Steven A. Radle, known to me (or i'~satisfactorily proven) to be the person whose name is subscribed to the ''within instrument, and acknowledged that he executed the same for the !purpose therein contained. IN WITNESS WHEREOF, I have here unto set my han`d~and notarial seal. Not Public ~ ~. -16- .....• ~A~~ ~~y~~~-1{#AC1~ YM ~i ,+ . •-•----- ~'7 ._s_ `:~ F. ._` ;_~ C';7 ~~ ~ ~~ , ---1 .- ~_; r~ - '~ e ~"'' ~~ _ ..a,. -I .. ~-7 c.:,t --C Jennifer L. Radle, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION Steven A. Radle, N0. 2006-06157 Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: October 25, 2006, by United States Certified Mail, Restricted Delivery. 3. Date of execution of the Affidavit of Consent required § 3301(c) of the Divorce Code: By Plaintiff by fendant 3~~ Ca/~7 4. Related claims pending: NONE. 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce filed with the Prothonotary: 7//y~tl 7 Date Defendant's Waiver of Notice in § 3301 (c) Divorce filed with the Prothonotary: y/`(/d"7 Respectfully submitted, DISSINGER AND DISSINGER to : Yl `~ ~~ ._.~~_..~ Mary A. ter Dissinger Attorney for Plaintiff Supreme Court ID # 27736 28 N. 32nd Street Camp Hill, PA 17011 717-975-2840 Samuel Andes, Esquire PO Box 168, Lemoyne, PA 17043-0168 C':+ r.~ ~ -ri ~ I. _~-, ~-~ ~, ..:;~ --~ ~~: ~ .~ _, , ~:~ . - ~ - - ~ '~: ;n; ~~~ "`' ,~ :. ~ ~ --< I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. ~ . ~. ~. ,. J JENNIFER L RADLE ~' ~ r PLAINTIFF VERSUS STEVEN A. RADLE DEFENDANT NO. 2006-06157 DECREE III DI~lORCE AND NQW, ~ ~ ,~~~ iT 1S ORDERED AND DECREED THAT AND JENNIFER L. RADLE STEVEN A. RADLE ARE DIVORCED FROM THE E30NDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THF_ COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL. ORDER HAS NOT YET BEEN ENTERED; The Marriage Separation Agreement of the parties dated February 8, 2007, is hereby incorporated but not merged. ` B RT: r' ATTEST: J ~- PROTHONOTARY ,. ;. r^ .,,,~ ~,; ,: ,,,, .,--,-,.-,ter-r ~. ~ ; ,~ ~~. ~~ ~~ ~, / r ,G'` fi